iZettle E-commerce terms

TERMS AND CONDITIONS FOR IZETTLE E-COMMERCE

Last updated: 17 April 2018

These terms and conditions, including the terms, policies, guidelines and instructions referred to herein (“iZettle E-commerce Terms”) constitute a legal agreement between iZettle Merchant Services AB, corporate registration number: 556812-2674, with its registered office at Regeringsgatan 59, 111 56 Stockholm, Sweden (“iZettle”, “we”, “our” or “us”) and you, the sole trader, company or other business entity having created an account with us (the “Merchant”, “you” or “your”), governing your access to and use of our e-commerce services (together, the “iZettle E-commerce Service”).

By accepting or otherwise electronically agreeing to these iZettle E-commerce Terms, you acknowledge that you have read and accept to be bound by these iZettle E-commerce Terms. If you do not agree to these iZettle E-commerce Terms (or if you do not have the right to bind the company or other business entity you are representing), you are not permitted to access or use the iZettle E-commerce Service, and you should not accept these iZettle E-commerce Terms.

The general terms and conditions governing your access to the iZettle services and which you accept in connection with becoming an iZettle user (“General Terms and Conditions”) shall be deemed incorporated into these iZettle E-commerce Terms in those parts where the provisions of the General Terms and Conditions refer to ”Additional Terms” for specific services (which includes these iZettle E-commerce Terms) and to the extent these iZettle E-commerce Terms specifically refer to provisions in the General Terms and Conditions.

You will be able to accept and process payments from your customers in your Online Store (as defined below) through different payment methods offered by iZettle AB from time to time in your jurisdiction, such as Card payments, invoicing and alternative payment methods (the “Payment Service”). Your access to and use of the Payment Service is governed by the payment terms and conditions with iZettle AB (“Payment Terms and Conditions”). For more information, please visit our Website.

Defined terms used in these iZettle E-commerce Terms will have the same meaning as those used in the General Terms and Conditions or the Payment Terms and Conditions, unless otherwise defined herein.

1. Registration

In order to get access to and use iZettle E-commerce, you must create an iZettle Account as further described in section 1 of the General Terms and Conditions.

In addition to the warranties provided under section 1 of the General Terms and Conditions you warrant to us that: a) you will use iZettle E-commerce solely for trade, business or professional purposes, b) you will comply with all applicable laws, including consumers’ rights in accordance with Directive 2011/83/EU on consumer rights, Directive 2005/29/EC on unfair business-to-consumer commercial practices, and Directive 93/13/EEC on unfair terms, and Directive 2000/31/EC on electronic commerce, as implemented into applicable local law, c) you will not use the iZettle E-commerce Service for any illegal or unauthorized purpose, including any of the activities listed in the Prohibited Segments, d) if you are not using a domain name provided by us, you are the owner of the domain name which you use to set up your Online Store (as defined below) and such domain name is fully functioning and accessible online, and e) you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

We reserve the right to suspend your access to and use of iZettle E-Commerce and to terminate and close your Online Store if you provide us with inaccurate, untrue, or incomplete information.

2. Our role

iZettle E-commerce provides you an online platform where you can offer your products and services for sale to customers through your own online store (the “Online Store”) and manage such sales.

We do not have any responsibility to control any content uploaded by you when using iZettle E-commerce and you are solely liable for any descriptions, information or content uploaded, collected, generated, stored, distributed or displayed by you on or in connection with your use of iZettle E-commerce such as photos, images, written content etc. and for such material not being incorrect or misleading. We may, but are in no event obliged to, in our sole discretion, remove any content uploaded by you in the Online Store if we deem that it is unlawful, offensive, defamatory, misleading, violates the privacy or intellectual property rights of any third party or does not comply with these iZettle E-commerce Terms.

You agree that we may at any time update or modify iZettle E-commerce subject to prior notification in accordance with section 19 of the General Terms and Conditions. However, we reserve the right to implement such updates and modifications with immediate effect without prior notice to you where necessary to maintain the security of our systems or to comply with applicable laws, rules and regulations.

3. Your role

You are solely responsible for the Online Store, the products and/or services provided in the Online Store and the quality and marketing of such products and/or services. Any sale of products and/or services through the Online Store will be a transaction between you and your customer and will be governed by an agreement between you and the customer. We do not take part in the transactions between you and your customers and have no responsibility for, or control over, the fulfilment of such transaction on behalf of either party or the quality, legality, or efficacy of any products or services. You are solely responsible for providing accurate descriptions and information relating to the products and/or services you offer in the Online Store.

You undertake to, without limiting your warranties under Section 1 (Registration): a) display your products and/or services in a complete and accurate manner including detailed descriptions thereof in the Online Store, b) display prices for products and/or services you offer in the currency in which they are sold in the Online Store, inclusive of any taxes, c) provide your customers with information on any delivery restrictions before the start of the order process, and also delivery times, in the Online Store, d) keep your customers informed of the status of their order, e) respond to customer inquiries in a timely manner, f) inform your customers of your procedures regarding delivery and withdrawal and returns in the Online Store, g) assess, calculate, collect, report and remit potential taxes that shall be levied on the sale of your products and/or services, h) not distribute or post spam, unsolicited or bulk electronic communication, chain letter, viruses, pyramid schemes or anything that may in our reasonable opinion, harm, annoy or inconvenience iZettle or your customers, i) display the Card Schemes' marks on your website and the Online Store as payment methods available to your customers, and make all payment methods known before the start of the order process, j) prominently display your contact details including the trade name under which you are doing business, VAT number (if applicable) organization number, address, details of any trade or professional association memberships and register details (if any), telephone number and/or email address for customer service contact in the Online Store as well as on either the checkout screen (which displays the total purchase amount) or within the sequence of web pages presented to the customer during the check-out process, k) provide customers with information on the different technical steps involved in placing an order, and the technical means for identifying and correcting any input errors before placing an order, l) before a customer places an order, display (on the checkout screen) the main characteristics of the products and/or services, such as the total price of the products and/or services, including taxes (such as VAT), all delivery charges and any other costs, for subscription contracts (if applicable) the total costs per billing period or total monthly costs, and if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract, and where applicable, the minimum duration of the consumer's obligations under the contract, m) acknowledge each order without undue delay, n) confirm each contract on a durable medium, o) include terms and conditions for purchase of products and/or services in your Online Store including payment terms, delivery terms, details regarding withdrawal, termination, return, exchange, cancellation or refunds, export or legal restrictions regarding products and/or services as well as a privacy policy describing how you handle the personal data that you have obtained from your customers, and p) ensure that it is not possible to purchase products and/or services from your Online Store from a country where such products and/or services are illegal.

4. License

The personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services included in section 20 of the General Terms and Conditions shall be deemed to include a license to iZettle E-commerce.

5. Restrictions and limitations

By accepting these iZettle E-commerce Terms, you confirm and agree that you will not use iZettle E-Commerce for transactions in connection with the businesses or business activities included in the list over Prohibited Segments.

iZettle E-commerce is made available to businesses registered within the European Union (which shall be deemed to include the United Kingdom even if the United Kingdom should subsequently cease to be in the European Union). Notwithstanding the restriction set out in the Payment Terms and Conditions, iZettle E-commerce will be available to end customers in all jurisdictions and you are entitled to carry out transactions from all jurisdictions where the Online Store can be accessed, subject to the restrictions set out in these iZettle E-commerce Terms.

6. Fees

By signing up for iZettle E-commerce, including after the end of any free trial period, you agree to pay the fees and any applicable taxes as set forth on our Website and/or in your iZettle Account settings or as otherwise agreed in writing as and when due in accordance with the General Terms and Conditions.

For the processing of transactions within the Online Store, you agree to pay the fees for the Payment Service as set out in the Payment Terms and Conditions.

7. Privacy

The personal data we collect about you will be handled in accordance with section 12 of the General Terms and Conditions.

You are responsible for ensuring that all collection, storing and processing of personal data pertaining to your customers complies with applicable law and your privacy policy. You shall not use any personal data processed and/or gained access to through the use of iZettle E-commerce for any other purpose than to use iZettle E-commerce in accordance with these iZettle E-commerce Terms.

IZettle E-commerce includes third party hosting outside the EEA for which purposes we made necessary arrangements to ensure adequate protection in accordance with the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679).

8. Intellectual property

You grant us and our affiliate a limited, non-exclusive right and license to display and use any trade name, trademark, service mark, logo, picture and other content associated with your Online Store in order to provide iZettle E-commerce as well as to promote iZettle E-commerce.

9. Your additional liability and indemnification

In addition to what is set out in section 16 of the General Terms and Conditions, you are responsible for all liabilities incurred by a third party or us caused by your access to and use of iZettle E-commerce and/or arising from any breach by you of any provision of these iZettle E-commerce Terms. You agree to reimburse such third party or us for any and all such liability.

Notwithstanding the above or any other provision of these iZettle E-commerce Terms and in addition to what is set out in section 16 of the General Terms and Conditions, you agree to defend, indemnify, and hold us and each of our respective directors, agents, affiliates and representatives harmless from and against any claim, cost, suit, demand, loss, liability, damage, action, proceeding judgment, penalty, interest and expense (including without limitation reasonable attorneys’ fees) arising out of or relating to: a) any actual or alleged breach by you of any provision of these iZettle E-commerce Terms , b) your wrongful or improper use of iZettle E-commerce, c) third party liability or indemnity obligations we incur as a direct or indirect result of your acts or omissions.

In the event you are liable for any amounts owed to us, we may immediately collect such amounts from funds credited to your iZettle Account. If there are insufficient funds to cover your liability, you agree to reimburse us immediately on demand through other means.

10. Our liability

Our liability for iZettle E-commerce shall be governed by sections 5 (Service Level), 17 (No warranties) and 18 (Limitation of liability) of the General Terms and Conditions.

11. Term and termination

These iZettle E-commerce Terms are effective upon the date you agree to them and will remain in force until terminated by you or by us in accordance with these iZettle E-commerce Terms or the General Terms and Conditions.

In addition to what is stated in section 23 of the General Terms and Conditions, we may terminate these iZettle E-commerce Terms or close your Online Store without prior notice to you: a) if the products and/or services offered for sale in your Online Store or the content uploaded via iZettle E-commerce violates the list of Prohibited Segments or these iZettle E-commerce Terms, b) if, in our reasonable opinion, your activities or actions are damaging or may damage our image or reputation or the image or reputation of a Card Scheme or an Acquirer.

Upon termination of these iZettle E-commerce Terms or closure or suspension of your Online Store, your Online Store will no longer be accessible online. Unless otherwise provided in these iZettle E-commerce Terms, you will not be entitled to refunds of any fees already paid.